Swap

Arbitration Agreement, Brazil, Multiple parties, Non-signatory, Swap

(Clyde & Co LLP)/ /Leave a comment

The debate around the ‘extension’ of arbitration agreements has, once again, been placed under the spotlight in Brazil. The Brazilian Superior Court of Justice (‘SCJ’) recently considered the issue in disputes involving groups of contracts between the same parties. The SCJ ruled in favour of the ‘extension’ of the arbitration agreement contained in the main…

Arbitration, Financial Agreements, Financial Industry, kompetenz-kompetenz, Portugal, Swap

(University of Lisbon, Faculty of Law)/ /Leave a comment

and Duarte G. Henriques, BCH Lawyers 1. Until very recently the swaps industry seemed to be reluctant to use alternative dispute resolution or at least was very indifferent as to the choice of the dispute resolution mechanism, with disputes almost always being left for the courts of either London or New York to decide, these…